Avinash Kumar Vs State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 6941 of 2021

Applicant :- Avinash Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Nikhil Chaturvedi, learned A.G.A. for the State.

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By means of this Application, under Section 482 of Cr.P.C., applicant has invoked the inherent jurisdiction of this Court, for a direction to the court below, i.e., Special Chief Judicial Magistrate, Allahabad to decide the Complaint Case No. 587 of 2016 (Avinash Kumar vs. Ashok Kumar Swarnkar) under Section 138 of N.I. Act, P.S. Daraganj, District Allahabad expeditiously, within a time bound period.

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I have perused the record as well as the order-sheet brought on record. From the order-sheet it transpires that the case is being adjourned on one pretext or the other and only the dates are being fixed.

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Expeditious disposal of a case is the right of every litigant and it is expected from every court to endeavour to dispose of a case pending before it, as expeditiously as possible, without granting unnecessary adjournment to any of the parties. It appears that the case has been adjourned on one pretext to another. Therefore, the court below is directed to make all possible efforts to decide the aforesaid case expeditiously fixing short dates, without giving unnecessary adjournment to either of the parties provided that there is no legal impediment.

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With the aforesaid direction, this application is finally disposed of.

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Order Date :- 12.3.2021 S.S.

Avinash Kumar v. State of U.P. and Another

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Avinash Kumar v. State of U.P. and Another

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